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Old 11-08-2010, 08:41 AM
 
160 posts, read 418,667 times
Reputation: 49

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Hi,
I got hit with a speeding ticket in Littleton yesterday evening. I was coming of a slope & the officer - coming in the opposite direction - met me at the end of the slope.

I'm looking to appeal the ticket as I believe I'm not at fault here. This is my first ticket in MA. Following below are my questions:

1. Does anyone know of a webpage or method in MA which will help me prepare for my appeal's process (like what & what not to say or how-to present your case) ?

2. I had a previous ticket from NH for which I paid the fine since it was my 1st fault & I paid up 'coz I believe you are 'allowed' 1 surchargeable incident in a 3yr period.

3. If I lose my appeal with the magistrate's clerk & go to the judge, can I still represent the case myself or do I need to hire an attorney?

4. My insurance carrier is Peerless. Does anybody know how much my rate will go up by if I lose the appeal's process?

5. Does this incident count as the first at-fault traffic violation or will they also the traffic violation at NH (thereby making it a 4-pt violation).

6. If my insurance rates were to increase, does it stay at that level for 6years?
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Old 11-08-2010, 10:07 AM
 
5,680 posts, read 5,013,554 times
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Were you driving over the speed limit?
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Old 11-08-2010, 11:58 PM
 
138 posts, read 288,275 times
Reputation: 40
There's a 50/50 chance the cop won't show up to court and it'll be thrown out although it can be a long time... When I got my speeding ticket in CO it took 8 months for the actual court date and by trhat time the cop had left the force.
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Old 11-09-2010, 08:15 AM
 
160 posts, read 418,667 times
Reputation: 49
Cantabridgienne

By the letter of the law, I was speeding but it was only because I was coming off this slope but otherwise I was only probably between 35-40 in a 35mph zone.

bostontopueblo
I read that the first hearing is with the magistrate clerk's & the officer need not be present for this hearing. Is this still true?

Also, what are my chances with the clerk given that most clerk's in govt offices are obnoxious
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Old 02-15-2011, 03:25 PM
 
160 posts, read 418,667 times
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I sent the citation asking for a hearing. Its been 3 months & I haven't received any court notification. Does anybody - know from experience - how long it takes to receive a court hearing date?
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Old 02-15-2011, 11:49 PM
 
55 posts, read 173,562 times
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Quote:
Originally Posted by arun_junta View Post
Cantabridgienne
I read that the first hearing is with the magistrate clerk's & the officer need not be present for this hearing. Is this still true?
Yes it's true. I was told what to say and the clerk believed me and threw the case out.
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Old 02-16-2011, 06:36 AM
 
Location: Colorado
71 posts, read 141,838 times
Reputation: 98
I'm not sure if it's the same in MA as it was in CA, but if you don't win the appeal, you can always do traffic school online (super easy) and your insurance rates won't go up. I've done that twice over the years
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Old 03-02-2011, 09:42 AM
 
160 posts, read 418,667 times
Reputation: 49
I finally got the letter from the court. I've been asked to come on March 14th. Any tips to help me prepare my defense is very much appreciated.

joebloe
when you say 'I was told to say' what do you mean? Did you get a attorney?

east2westagain
Thanks for the information. I'll look up on that for mass.
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Old 03-02-2011, 03:37 PM
 
Location: Behind You!
1,949 posts, read 3,325,020 times
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Quote:
Originally Posted by arun_junta View Post
I finally got the letter from the court. I've been asked to come on March 14th. Any tips to help me prepare my defense is very much appreciated.

I wouldn't worry to much about it, speeding tickets don't go in front of judges, you'll just get called up to the counter and a magistrate will ask you what happened. Then the cop which most likely not show will tell his side, if he don't show you win. Also keep in mind 99% of the time they don't have your driving record in front of them since there not connected to the registry. I beat a speeding ticket buy saying I never speed look at my driving record!!! (My license was suspended for 3 tickets in a year when that happened)...I Won!......Then I got in my car and drove away.


FU REGISTRY!!!!
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Old 03-02-2011, 10:52 PM
 
5,763 posts, read 13,326,187 times
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Snatale, you may have gotten lucky with that stunt about your driving record. Chances are they're not going to take the trouble to check, but you never know. Going into court, swearing to tell the truth, the whole truth, etc., getting in front of the judge or magistrate, and then deliberately making a clearly false statement amounts to a little thing called perjury. If they decide to check, you could get in just a bit of legal trouble for that. Just a bit. No matter how minor the charge. I don't recommend following that piece of advice from Snatale.

On the other hand, though I've never had the pleasure of traffic court in MA, so I don't know for sure, I've heard many times that often the officer does not appear in court, and that in that case you win.

The best advice is probably just to state the facts, keeping it short and sweet, without unnecessary details. Let it be known that you just let your speed drift up on a downhill stretch but were driving carefully overall throughout your trip. Acknowledge that you do understand that you were still breaking the law, even if only briefly and inadvertently. Don't give the judge a bad attitude. If you have a clean driving record--for real, not where you perjure yourself to claim you do--point that out. And then hope the judge (or magistrate, whoever is hearing the case) is in a good mood.
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